Labor Law: Employer has the burden of proving payment of employee's benefits

"Moreover, one who pleads payment has the burden of proving it. The reason for the rule is that the pertinent personnel files, payrolls, records, remittances and other similar documents which will show that overtime, differentials, service incentive leave, and other claims of workers have been paid are not in the possession of the worker but in the custody and absolute control of the employer. Thus, the burden of showing with legal certainty that the obligation has been discharged with payment falls on the debtor, in accordance with the rule that one who pleads payment has the burden of proving it. Only when the debtor introduces evidence that the obligation has been extinguished does the burden shift to the creditor, who is then under a duty of producing evidence to show why payment does not extinguish the obligation. In this case, petitioner was unable to present ample evidence to prove its claim that respondent had received all his salaries and benefits in full."

(G & M PHILIPPINES, INC. vs CUAMBOT, G.R. No. 162308, November 22, 2006)

RELATED ARTICLES:

• Employee must prove entitlement to overtime pay and premium pay
• Doubts in the parties' evidence should be resolved in favor of the employee
• Burden of Evidence Shifts to Employee When Employer Submits Evidence of Payment

Succession: Shares of An Illegitimate Child And A Surviving Spouse

Case: The illegitimate son of a deceased man is claiming inheritance from his father’s estate. The decedent left only a surviving spouse and this claimant. How do we divide the estate?

According to Public Attorneys Office Chief Acosta, the estate should be divided like this: Conjugal partnership of gains governs the marriage of the decedent with his surviving spouse since they were married without marriage before the passage of the Family Code. Thus, one-half of the property goes to the spouse representing her share in the conjugal partnership, while the other half becomes the estate which becomes the subject of partition and from it the share of the illegitimate son will be taken. Where the only heirs are the surviving spouse and an illegitimate child, the law gives one-fourth of the entire property or one-half of the estate shall go to the illegitimate son while the remaining goes to the spouse.